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Hani Hashem Salen crowded into a small square outside the al Nosoor prison near
Baghdad's Mansour district and joined 127 other men who were stealing longing
glances at three white pickups.
The men were dusty and gray, barefoot - their clothes little more than rags. The
pickups would take them to freedom, after months of wrongful imprisonment.
"For two months I sat in that dirty, dim cell and cursed the day I was
born," Salen whispered as he waited earlier this week for official word
that he was free. "I did nothing, yet I wasn't allowed even to see my family.
They don't even know I'm getting out today. Why did this happen to me?"
The answer is simple: Iraq can't process the thousands of people who are being
arrested these days. It can't even come close. Even wrongly accused men such
as those in the square wait months - sometimes more than a year - before their
cases are investigated, helping to erode any confidence in Iraq's government.
"The problem is that we have far more detainees than the judges can get
around to," Human Rights Minister Nermeen Othman said. "We have talked
to the justice minister about this issue, but, as you know, getting the proper
number of qualified judges is not easily accomplished."
Othman is talking about Iraqi jails, not the U.S.-run prisons where prisoner
abuse has been reported.
The overloaded justice system has meant trouble for people such as Salen.
Last summer, someone - a neighbor, an angry relative, a crook trying to avoid
trouble - told police that he was a terrorism risk. That's all it took. With
no evidence to back the claim, police arrested Salen and sent him to prison
to await questioning, to see if charges were merited.
He understood that he was lucky to be going home after two months. Men near
him in the crowd had waited without charges for a year. In all, there are 17,000
men in custody in Iraq who haven't been officially charged, and some have been
sitting in prison for as long as two years.
"I couldn't sleep for three days, since learning I was going to be free,"
Salen said. "I don't want to come back here, or remember that I was here.
I just want to erase this page from my brain and go home. Everything here was
so bad."
Noori al Noori, the general inspector of the Interior Ministry, has started
releasing detainees who haven't been convicted, something he calls a serious
problem.
"Yes, there have been violations of laws against prisoners," he said.
"We shall punish those who have broken these laws. In the next two months,
we will make our best efforts to correct the procedure for arresting people.
It's a first step."
Right now, only one judge and four investigators are assigned to each prison,
which can hold thousands of detainees. Officials said a year could pass before
those who were wrongly arrested were cleared and sent home.
Some said it wasn't all that bad. Brig. Gen. Abdul Salam, the head of the Wolf
Brigade, a crack Iraqi army unit that arrests many of the terrorism suspects,
notes that under Saddam Hussein, "We used to refer detainees to civil court,
which routinely took one or two years for them to be freed. The current procedures
are faster."
That doesn't mean much to the victims of the system.
Arshad Salahuddin worked as a bodyguard for a foreign company in Iraq before
he was picked off the street in a mass arrest.
"Someone gave wrong information about me, and because there are too few
judges I have to pay with five dark months of my life?" he said.
Sociologist Ehsan Mohammad, at Baghdad University, said the community now was
full of innocent people who had been jailed, which caused a breakdown in trust
of the system.
"We call it collective terror," he said. "Every Iraqi now fears
that he may be next. And those who have been arrested once, how can they live
a normal, smooth life, without the dread of being a victim again?"
In the square Tuesday, a voice rose above the murmur of detainees: "OK,
you can leave now." Within seconds, 128 men sprinted for the pickups, piling
in, then on top of each other, hanging off the sides, and finally reaching out
and touching the trucks as evidence that they were to be freed.
Salen looked toward the gate, then back toward the prison, and his eyes were
sad. He wondered if he'd get his old life back again.
"Will everyone be willing to forget that I was gone all this time, in
prison?" he said.